Tag: religious observance

Clarifying the law on Religious Observance at school

Strengthening young people’s rights

Schools will now need to inform pupils when a request is made by a parent or carer to withdraw them from religious observance and to consider any objection the young person may have, under legislation backed by MSPs.

The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill was passed in a final Stage 3 vote in the Scottish Parliament.

The Bill was introduced to Parliament to clarify the legal position around the withdrawal of pupils from religious observance in schools.

The changes will align legislation with existing guidance on religious observance to strengthen alignment with the United Nations Convention on the Rights of the Child (UNCRC) in its international form.

Once brought into effect, the legislation will strengthen pupil’s rights in relation to religious observance and religious and moral education.

Education Secretary Jenny Gilruth said: “This Bill strengthens the protection and promotion of children’s rights in education, as well as those of their parents and carers. It builds on the wider progress we have made around the human rights of children and young people, while also ensuring parents continue to have a say on the religious elements of their child’s education.

“I recognise the wide range of views heard as the Bill has proceeded through the Parliamentary process. We will continue to adopt a collegiate and inclusive approach as these changes are implemented, including in the development of the new statutory guidance to accompany the legislation.“

Significant amendments needed for Bill which gives pupils a stronger voice in religious education decisions

A majority of MSPs on Holyrood’s Equalities, Human Rights and Civil Justice Committee have given support to a Bill which gives school pupils a right to opt back into religious education and amends the UNCRC compatibility duty. However, they have also highlighted significant concerns about the Bill.

Karen Adam MSP, Maggie Chapman MSP, Paul McLennan MSP and Marie McNair MSP agreed to support the general principles of the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill, after several witnesses stressed their support for the basic premise of the Bill.

Those Members also noted the need for significant amendments to the Bill to resolve the serious concerns that were raised about it.

Other Members of the Committee were not content with supporting the general principles.

Rhoda Grant MSP felt that she was not able to make a recommendation, while Pam Gosal MSP and Tess White MSP said they could not support the general principles.

If the Bill is passed, schools would need to inform pupils if a parent or guardian requests that they be withdrawn from religious education or observance. If a pupil objected to being withdrawn, the school would have to follow the pupil’s wishes.

Following concerns raised in evidence, the Committee’s report recommends that the Scottish Government separate religious education and religious observance and considers unintended consequences such as the possibility of increased conflict between parents and children.

Additionally, the Bill sets out how public authorities should act when their duties under the UNCRC Act conflict with other legal obligations.

Witnesses raised concerns about why this part of the Bill was needed and what kind of precedent it sets for future human rights legislation.

Karen Adam MSP, Convener of the Equalities, Human Rights and Civil Justice Committee said: “The Committee heard strong views on this Bill during evidence, with very serious concerns being raised.

“However, given the clear support for the basic premise of the Bill of furthering children’s rights from several witnesses, a majority of our Committee recommend that Parliament support the general principles of the Bill.

“We are clear though that substantial amendments will need to be made to respond to the significant concerns we heard.”